Last week, SEC Chair Gary Gensler gave the keynote speech for the 2021 Institutional Limited Partners Association’s virtual summit. Gensler focused his remarks exclusively on private funds and detailed his view that private...more
Recent changes to the Volcker Rule, which become effective October 1, 2020, will permit banks and their affiliates (for convenience, “banks”) to sponsor credit funds, whose primary assets are loans and other debt instruments...more
Sender Primary Liability for Misstatements in PPMs and Prospectuses: Lorenzo v. SEC (No. 17-1077 -- U.S. – 2019).
On March 27th, the Supreme Court issued a 1934 Act Rule 10b-5 opinion that will have implications for...more
4/5/2019
/ Corporate Officers ,
Custody Rule ,
Digital Assets ,
Directors ,
Enforcement Actions ,
Intent to Defraud ,
Investment Funds ,
Janus Capital Group Inc v First Derivative Traders ,
Lorenzo v SEC ,
No-Action Relief ,
Personal Liability ,
Proposed Rules ,
Puerto Rico ,
Retirement Plan ,
Rule 10b-5 ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
Non-Enforcement -
Amendments to the Venture Capital Fund Adviser and Private Fund Adviser Exemptions -
Last month the SEC’s Division of Investment Management issued a guidance update (Update) addressing recent...more
5/2/2016
/ Commercial Bankruptcy ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Guidance Update ,
Investment Advisers Act of 1940 ,
Joint and Several Liability ,
Multi-Employer Pensions ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Partnership-in-Fact ,
Private Equity Funds ,
Private Funds ,
SBIC ,
Securities and Exchange Commission (SEC) ,
Sun Capital Partners ,
Venture Capital ,
Withdrawal Liability
The world of private investment funds has been evolving to address the specific goals and expectations of investors, including pension plan sponsors and other investors with specific regulatory and economic needs. As a...more
9/4/2015
/ Carried Interest ,
Clawbacks ,
Financial Reporting ,
Investment Management ,
Investors ,
Management Fees ,
Negotiations ,
Pooled Investment Vehicles ,
Private Investment Funds ,
Structured Financial Products ,
Transfer Restrictions ,
UBTI